09-23-1985CITY OF RICHFIELD, MINNESOTA
REGULAR COUNCIL MEETING
SEPTEMBER 23, 1985
MEMBERS PRESENT: John Hamilton, Mayor; Howard Bunce;
Ivan Ludeman; Donald Priebe; and,
Michael Sandahl.
STAFF PRESENT: John Cartwright, City Manager;
Clayton LeFevere, City Attorney;
Thomas Ferber, City Clerk; Steven
Devich, Administrative Services
Director; Dennis Kraft, Community
Development Director; and, Tom
Morgan, Public Safety Director.
APPROVAL OF MINUTES
M/Ludeman, S/Priebe to a rove the minutes of the S ecial
Cit Council Study Session of September 9, 19 5; the HRA/City
Council Meetin of Se tember 9 19 5 the Bud et Hearin Meetin
of SeAtember 11 . 19 5, and, the regular City _Council Meeting of
September 9. 1985.
• Motion carried 5-0.
OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL
None
Stem ~k1 COUNCIL APPROVAL OF AGENDA
City Manager Cartwright requested council consideration of a
permit to erect an illuminated sign at the 7600 Knox Avenue Tom
Thumb store be added to the agenda.
Mayor Hamilton stated this item would be placed on the
consent calendar as Item No. 2J.
MlBunce, S/Ludeman that the council agenda be approved as
amended .
Motion carried 5-0.
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Council Meeting Minutes
Item #2 C SEN CALENDAR
-2- September 23, 1985
A. COUNCIL CONSIDERATION OF A RESOLUTION PROVIDING POLLING
PLACES AND ELECTION JUDGES FOR NOV. 5, 19$5, MUNICIPAL
ELECTION C.L. 3~9
RESOLUTION N0. 7069
RESOLUTION PROVIDING FOR POLLING PLACES AND DESIGNATING
JUDGES FOR MUNICIPAL ELECTION NOVEMBER 5, 1985.
B. COUNCIL CONSIDERATION OF MINUTES, TABULATION OF BIDS
AND AWARD OF CONTRACT FOR INFRA-RED HEATING SYSTEM FOR
THE CENTRAL GARAGE C.L. 350
C. COUNCIL CONSIDERATION TO APPROVE A PURCHASE IN EXCESS
OF $5,000 FOR LIQUID CARBON DIOXIDE C.L. 351
D. COUNCIL CONSIDERATION OF A PERMIT TO ERECT AN
ILLUMINATED SIGN AT 618 PENN AVENUE C.L. 352
E. COUNCIL CONSIDERATION OF A RESOLUTION TO PERMIT
ISSUANCE OF A CORPORATE AMERICAN EXPRESS CARD TO THE
CITY MANAGER C.L. 353
RESOLUTION N0. 7070
RESOLUTION APPROVING THE ISSUANCE OF AN AMERICAN
EXPRESS CARD TO CITY MANAGER JOHN G. CARTWRIGHT
F. COUNCIL CONSIDERATION OF AN AMENDMENT TO THE
MEMORANDUM OF AGREEMENT WITH RICHFIELD STATE AGENCY TO
EXTEND THE DATE FOR THE REMOVAL OF THE RETAIL BUILDING
AT 6601 LYNDALE AVENUE C.L. 35~
G. ESTIMATE ~~2 AND FINAL, 1985 ALLEY PAVING STANDARD
SIDEWALK, INC. $20,256.71
H. COUNCIL CONSIDERATION OF AGREEMENTS WITH THE GREATER
MINNEAPOLIS DAY CARE ASSOCIATION AND THE SOUTH HENNEPIN
HUMAN SERVICES COUNCIL FOR THE EXPENDITURE OF COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS C.L. 355
I. COUNCIL CONSIDERATION OF A RESOLUTION ESTABLISHING
INTEREST RATE FOR 198 ALLEY PAVING ASSESSMENTS.
C.L . 369
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Council Meeting Minutes -3- September 23, 1985
RESOLUTION N0. 7071
RESOLUTION AMENDING RESOLUTION N0. 7019 ADOPTING
ASSESSMENT ON CITY PROJECT N0. 793, 198 ALLEY PAVING,
ESTABLISHING ANNUAL INTEREST RATE
J. COUNCIL CONSIDERATION OF A PERMIT TO ERECT AN
ILLUMINATED SIGN AT THE 7600 KNOX AVENUE TOM THUMB
STORE
M/Ludeman, S/Priebe that the consent calendar be approved.
Motion carried 5-0.
Item ~~3 PUBLIC HEARING REGARDING A PROPOSED 1.00 INCREASE FOR
FOOD, SOFT DRINK, ICE AND TOBACCO VENDING MACHINE
LICENSE FEES FOR 1986 C.L. 356
City Manager Cartwright reviewed Council Letter No. 356
regarding the proposed $1.00 increase in the 1986 license fees
for food, soft drink, ice, and tobacco vending machines.
Council Member Ludeman asked what costs the proposed fee
increase was based upon.
City Manager Cartwright responded that the license fees are
based on the inspection and administrative cost incurred. The
$1.00 increase reflects additional labor costs as a result~of
the 1986 proposed ~.5~ salary increase and the anticipated
increased cost of supplies related to the licenses.
M/Bunee, S/Priebe to close the public hearing.
Motion carried 5-0.
M/Ludeman, S/Sandahl to set the 1986 license fee at $19.00
for the following license categories:
1.. 6..01 food and ice vending machines
2. 6.11 tobacco vending .machines
3. 6.13 soft drink vending machines
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Council Meeting Minutes -~- September 23, 1985
Item ~~~ PUBLIC HEARING ON THE ASSESSMENT ROLL FOR CITY PROJECT
813, STORM SEWER IMPROVEMENTS FOR RICHFIELD STATE
AGENCY C.L. 357
City Manager Cartwright reviewed Council Letter No. 357
recommending adoption of the assessment roll for City Pro~eet
813, Storm Sewer Improvements for Richfield State Agency. The
City Manager informed the council that the bonds had not yet
been sold to finance the project, therefore, an interest rate of
9~ had been determined for this assessment rather than the
actual interest rate at the time of the bond sale. This figure
is the rate at which it is anticipated the interest rate of the
bonds issued to finance the improvement will bear.
City Attorney LeFevere responded to questions from council
members regarding the state statutes governing the establishment
of the interest rate.
M/Bunce, S/Ludeman to close the public hearing.
M/Bunce,, S/Ludeman
it be spread in t
RESOLUTION N0. 7072
RESOLUTION ADOPTING ASSESSMENT ON CITY PROJECT N0. 813,
RICHFIELD STATE AGENCY STORM SEWER IMPROVEMENTS
Motion carried 5-0. This resolution appears as Resolution
No. 7072 in Resolution Book No. 53.
Item ~~5 COUNCIL CONSIDERATION OF AN ORDINANCE AMENDMENT
PROVIDING FOR THE ISSUANCE OF ELECTRICAL PERMITS.
SECOND READING C.L. 358
City Manager Cartwright reviewed Council Letter No. 358
regarding an ordinance amendment relating to State Electrical
Licenses and permits.
Sid Sanford, 7000 Portland Avenue, stated he felt this
ordinance amendment was a duplication of the state statute,
which he read to the city council.
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Motion carried 5-0.
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Council Meeting Minutes -5- September 23, 1985
City Attorney LeFevere stated this ordinance amendment would
bring the local ordinance into compliance with the state
statute. The City Attorney recommended that the city council
take action to 1) amend the first reading ordinance amendment
2) Adopt on second reading the ordinance amendment.
Public Safety Director Morgan explained that the intent of
this ordinance amendment was to incorporate the state statute
requirements into the city ordinance.
M/Bunce, S/Ludeman to Blase the public hearing.
Motion carried 5-0.
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M/Sandahl, S/Ludeman to approve amendments proposed by city
administration to the ordinance passed on first reading.
Motion passed 5-O.
M/Bunce, S/Ludeman
ordinance, Bill 19,
vial newsoaner and
Motion carried 5-0.
that this constitute a second readin
e hart or' these min
f
Item #6 COUNCIL CONSIDERATION OF AN ORDINANCE ESTABLISHING A
COMMITTEE OF HEARING EXAMINERS TO REVIEW ZONING
ORDINANCE VARIANCE REQUESTS. SECOND READING. C.L.359
City Manager Cartwright reviewed Council Letter No. 359
regarding an ordinance amendment providing that the Hearing
Examiner Committee, established to hear variance requests, be a
committee of the Board of Adjustments and Appeals, with
appointment by the city manager sub~eet to confirmation by the
city council.
Larry Wozniczka, 6744 Wentworth Avenue, asked if the
appointment of the hearing examiner would require hiring a
salaried employes.
The City Manager responded that it was anticipated that the
hearing examiners would be volunteers from the community and/or
existing city employees.
Council Member Sandahl requested that a requirement of
appointment to the position of hearing examiners would be that
the candidate be experienced in the matters of municipal
administration and procedures of law.
Council Meeting Minutes -6- September 23, 1985
City Attorney LeFevere stated that the hearing examiners
must be familiar with the application of rules to a body of
knowledge; they are not required to be attorneys.
Council Member Priebe asked if the applicants right to
appeal the hearing examiners decision to the city council had
been included in the ordinance.
City Attorney LeFevere stated that this right of appeal had
been incorporated in the ordinance passed by the city council
which created the Hearing Examiner Committee.
Council Member Bunce asked how many hearing examiners would
be appointed.
City Manager Cartwright responded that it was his intention
to appoint 3 or more hearing examiners.
Council discussion followed regarding the number of hearing
examiners to be appointed.
City Attorney LeFevere explained that the ordinance did not
specify the number of hearing examiners. This allows the city
council flexibility in the appointments without having to amend
the ordinance to increase or decrease the number of hearing
examiners.
Council Member Ludeman stated his opposition to transferring
the appointment responsibility from the Planning Commission to
the city manager.
Council Member Bunce expressed his concern that a hearing
examiner may approve a variance that the city council would
deny.
City Attorney LeFevere stated that the decision can be
appealed to the city council; however, if it is not appealed,
the hearing examiners decision would prevail.
M/Bunce, S/Priebe to close the public hearing.
Motion carried 5-0.
M/Sandahl, S/Priebe that this constitute a second reading of
_ 1985-24, that it be published in the official newspaper and
1L L ~.~v .. ...L .L. LL~~ ....1 .. _.L ..
Motion carried 4-1. (Ludeman opposed)
Council Meeting Minutes -7- ~ September 23, 1985
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Item ~~7 COUNCIL CONSIDERATION OF AN ORDINANCE AMENDMENT
PROHIBITING UNNECESSARY VEHICULAR ACCELERATION. FIRST
READING. C.L. 360
City Manager Cartwright reviewed Council Letter No. 360
regarding an ordinance amendment prohibiting unnecessary
vehicular acceleration.
Council Member Priebe questioned whether the wording of the
amendment was specific enough.
Public Safety Director Morgan explained that the language
allows for judgement by the police officer. The Public Safety
Director indicated that citizens had contacted the Public Safety
Department requesting this issue be addressed. This ordinance
amendment gives the police officer a tool to regulate this
behavior which does not always constitute reckless driving as
defined by ordinance.
M/Bunce, S/Sandahl that this constitute First Reading of
this ordinance amendment and that the Public Hearing and Second
Readin of the ordinance amendment be scheduled for October 14
19 5.
Motion carried 5-0.
Item ~~8 COUNCIL CONSIDERATION OF AN ORDINANCE AMENDMENT
PERMITTING INTERIM OFF-STREET PARKING OF VEHICLES IN
THE FRONTYARD DURING SNOW EMERGENCIES. FIRST READING
C.L. 361
City Manager Cartwright reviewed Council Letter No. 361
regarding An ordinance amendment to permit interim off -street
parking of vehicles in the frontyard during snow emergencies.
Council Member Sandahl asked why the distances of $ feet
behind the curb and 5 feet behind a sidewalk had been determined
for the parking of vehicles:
City Manager Cartwright responded that these distances would
allow room for snow storage and keep the vehicles a safe
distance from the street.
M/Sandahl, S/Ludeman that this constitute First Reading of
this ordinance amendment and that the Public Hearin and Second
Reading of the ordinance amendment be scheduled for October 1 ,
Council Meeting Minutes -8- September 23, 1985
Item ~~9 COUNCIL CONSIDERATION OF A RESOLUTION APPROVING THE
ISSUANCE OF $8,250,000 MULTI-FAMILY HOUSING REVENUE
BONDS SERIES 1985 FOR MARKET PLAZA HOUSING PROJECT.
C.L. 362
City Attorney LeFevere reviewed Council Letter No. 362
recommending that the city council pass a resolution approving
the issuance of $8,250,000 Multi-Family Housing Revenue Bonds
Series 1985 for the Market-Plaza Housing Pro~eet.
M/Ludeman, S/Priebe that the following resolution be
adopted; that it be spread in the resolution book and it
part of these minutes
RESOLUTION N0. 7073
RESOLUTION AUTHORIZING A PROJECT AND HOUSING PROGRAM UNDER
MINNESOTA STATUTES, CHAPTER 462C (MUNICIPAL HOUSING PROGRAMS)
AND AUTHORIZING THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE
BONDS TO FINANCE THE PROJECT AND PROGRAM AND AUTHORIZING THE
EXECUTION OF VARIOUS DOCUMENTS IN CONNECTION THEREWITH
Motion carried 5-0. This resolution appears as Resolution
No. 70 ~ in Resolution Book No. 53.
Item ~~10 COUNCIL CONSIDERATION OF A REQUEST BY MARKET PLAZA FOR
A SUBDIVISION WAIVER FOR THE SHOPPING CENTER AND
HOUSING COMPONENT B. C.L. 363
City Manager Cartwright reviewed Council Letter No. 363
recommending that the city council adopt a resolution granting a
waiver of the subdivision platting requirements for the Market _
Plaza Shopping Center and Housing Component B.
M/Sandahl, S/Ludeman that the following resolution be
adopted; that it be spread in the resolution book and that i
made part of these minutes
RESOLUTION N0. 707
RESOLUTION WAIVING SUBDIVISION
Motion carried 5-0. This resolution appears as Resolution
No. 707 in Resolution Book No. 53.
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Council Meeting Minutes -9- September 23, 1985
Item ~~11 COUNCIL CONSIDERATION OF A RESOLUTION AUTHORIZING
SUBMISSION OF THE 1986/87 COMMUNITY HEALTH PLAN AND
APPLICATION FOR A COMMUNITY SERVICES ACT SUBSIDY.
C.L . 36~
City Manager Cartwright reviewed Council Letter No. 36~+
recommending approval of the Community Health Services Plan and
authorization of submittal to Hennepin County for subsidy
funding.
Council members commended the Advisory Board of Health and
city staff four their efforts in preparing the Community Health
Services Plan.
Martin Kirsch, 6725 Penn Avenue, spoke in support of council
approval of the plan.
M/Ludeman, S/Sandahl that the following resolution be
adopted: that it be spread in the resolution book and that it be
made Aart of these minutes
RESOLUTION N0. 7075
A RESOLUTION AUTHORIZING SUBMISSION OF A PLAN IN APPLICATION
FOR A COMMUNITY HEALTH SERVICES ACT SUBSIDY FOR 1986-1987
Motion carried 5-0. This resolution appears as Resolution
No. 7075 in Resolution Book No. 53.
Item ~~12 REQUEST FROM MR. K.D. JOHNSON TO EXEMPT THE PANTRY
RESTAURANT FROM THE ILN BUILDING MORATORIUM TO PERMIT
THE IMPROVEMENT AND EXPANSION OF THE RESTAURANT.
C.L. 365
City Manager Cartwright reviewed Council Letter No. 365
which recommended that the request from Mr. K. D. Johnson to
exempt the Pantry Restaurant. from the ILN building moratorium to
permit the expansion of the restaurant not ;be granted.
' Ken Johnson, 8608 Lakeview Road, owner of the Pantry, stated
that because his kitchen equipment needed updating to meet
health standards, as indicated by a recent City restaurant
inspection. He felt now was an opportune time to remodel and
expand the building in so far as the building would be closed to
accomodate the kitchen improvements. Therefore, he was
requesting an exemption from the moratorium.
Council members discussed with Mr. Johnson the reasons why
the moratorium must be maintained, including design standard
determination and traffic circulation options.
Council Meeting Minutes -10- September 23, 1985
City Attorney LeFevere stated that the moratorium would
probably remain in effect until at least February, 1986.
Council Member Bunce asked Mr. Johnson if he had been aware
of the ILN planning process.
Mr. Johnson responded that he had received notices regarding
the ILN but had not become involved since he felt his property
was on the boundry and would not be affected.
Council Members asked Mr. Johnson to delay his expansion
plans until after the ILN planning process has been completed.
Mayor Hamilton directed the city manager to meet with Mr.
Johnson and Dick Holloway, Bloomington Health Inspector, to
investigate if the kitchen improvements could be implemented at
the same time as the proposed building expansion.
Item ~~13 COUNCIL CONSIDERATION OF A THREE YEAR LEASE/PURCHASE
AGREEMENT FOR A HIGH SPEED COPIER MACHINE. C.L. 366
City Manager Cartwright reviewed Council Letter No. 366
regarding the bids received for a highspeed copier. The City
Manager recommended refection of all the bids and the extension
of the current three month rental agreement with Xerox for the
9400 copier so that new bid specifications can be prepared.
M/Ludeman, S/Sandahl to re~eet the bids received for a hi
s eed co ier and a rove the extension of the current three
month .rental agreement with Xerox for the 9 00 copier.
Motion carried 5-0.
Item ~~14 COUNCIL CONSIDERATION OF METROPOLITAN AIRCRAFT SOUND
ABATEMENT COUNCIL (MASAC) REQUEST FOR MEMBERSHIP INPUT
ON ITS GOALS, ITS PRIORITIES AND WHAT ACTIONS CAN BE
TAKEN TO MEET THE NEW PROBLEMS. C.L. 367
City Manager Cartwright reviewed C.L. 367 which outlined the
suggestions of the City Manager for input to MASAC regarding
goals, priorities, and actions to be taken to meet the new noise
problems.
Council members discussed the increased number of operations
at the airport and the impact on the community. It was
indicated that federal legislation would be necessary to address
many of these problems.
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Council Meeting Minutes -11- S'eptemtrer 23, 1985
Larry Wozniczka, 674 Wentworth Ave., suggested that 1)
engine run-up limitations, 2) Take-off pattern controls, and 3)
regulation of night operations be included in the input to
MASAC.
Mana
M/Ludeman, S/Bunee to endorse the su
Item ~~15 COUNCIL CONSIDERATION OF PROPOSALS FOR SUBMISSION TO
THE NATIONAL LEAGUE OF CITIES CONCERNING CONGRESSIONAL
BILLS OR CURRENT PRESIDENTIAL POSITIONS. C.L. 368
City Manager Cartwright reviewed Council Letter No. 368
recommending submittal of the MAC resolution on airport noise to
the Policy Committee of the National League of Cities:
Council Member Bunoe requested that the resolution also be
submitted to the Minnesota League of Cities.
M/Priebe, S/Bunee that the city council endorses. the
submittal of the MAC resolution on airport noise to the National
League of Cities Poliev Committee.
Motion carried 5-0.
Item ~~16 COUNCIL CONSIDERATION OF A REQUEST TO APPROVE AMENDED
PLANS FOR AN ADDITION TO THE NAUTILUS SWIM AND FITNESS
CENTER C.L. 370
City Manager Cartwright reviewed Council Letter No. 370
recommending approval of the amended plans for an addition to
the U.S. Fitness and Swim Center subject to the three
stipulations attached to the May council approval of the plan
for expanding the facility."
It was the consensus of the council that the widening of the
65th Street drive apron as stipulated, should be accomplished as
soon as possible, and that the developer should be advised that
this stipulation should be implemented first.
Motion carried 5-0.
Council Meeting Minutes -12- September 23, 1985
M/Ludeman, S/Sandahl that the amend ed plans- for an addition
to the U.S. Fitness and Swim Center be approved sub~eet to the
following .stipulations
1) That employers strongly encoura ge their employees to
park in the underutilized area north and east of the
Marshall store in the Hub Shopp ing Center;
2) That the east curb cut from 65t h Street be widened to 32
feet and the radius on the west side of the curb cut be
increased to 15 feet; and,
3) That handicapped stalls in the parking lot be at least
Motion carried 5-0.
Item X17 COUNCIL DISCUSSION ITEMS
17A. •Mayo~ Hamilton stated that October 6 was the beginning
of Fire Prevention Week and that activities were scheduled for
that day at the .City Hall Fire Station.
17B. Mayor Hamilton informed council members that Mr.
Knutson, owner of The Take Out Deli, had distributed invitations
to his open house indicating it was a luncheon with the city
council. The Mayor stated that this was done without the
knowledge or endorsement of the city council.
17C. Council Member Bunce requested that city staff
investigate replacing the yield sign with a stop sign where
Xerxes Avenue and York Avenue merge near 66th Street.
17D. Council Member Bunce requested that the trees in front
of Kenny's Market at 67th Street and Penn Avenue be trimmed to
allow better visibility for the business signs and the safety of
pedestrians on the sidewalk.
City Manager Cartwright stated he would follow up on items
17C. and 17D.
Item #18 CLAIMS AND PAYROLLS
M/Ludeman, SlSandahl that the following claims and payrolls
be approved
RICHFIELD BANK AND TRUST
Cheeks 6239/6290, 78923/79103 General $756,880.26
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Council Meeting Minutes
FIRST WESTERN BANK
Cheeks 2508/2526
Cheeks ~+~71/4831
-13- September 23, 1985
General $570,695.90
Pay roll $255,552.7
Motion carried 5-0.
ADJOURNMENT
M/Ludeman., S/Bunee that the meeting ad3ourn.
Motion carried 5-0.
The meeting was adjourned 8:55
Date Approved: 10/14/85
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Tomas P. Ferber
City Clerk
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